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04-03-2018 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 03, 2018, 6:00 PM REGULAR MEETING — CLOSED SESSION CITY MANAGERS CONFERENCE ROOM 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Mike Spence Mayor Pro Tern Lloyd Johnson Councilmember James Toma Councilmember Corey Warshaw Councilman Tony Wu Agenda material is available for review before the meeting at the City Clerk's Office, Room 317 at City Hall, 1444 W. Garvey Avenue South, West Covina. The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at this meeting, the City will try to accommodate you in every reasonable manner. Please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8:00 a.m. to 5:00 p.m, Monday through Thursday at least 48 hours prior to the meeting. For sign language interpreter services at Council meetings, please call at least four working days prior to the meeting. AGENDA ROLL CALL PUBLIC COMMENTS ON ITEMS ON THE AGENDA 1 CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF /s swAs POSTED IN ACCORDANQE WITH THE 01/87 BROWN ACT AMENDMENT Tuesday April 03, 2018 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN's: 8474-011-942 & 8474-011-943 Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow Negotiating Parties: CIP 20141SG Covina Owner, LLC Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(2) Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Macias, Bresciani, Hall Barlow Employee Organizations - Confidential Employees - Maintenance & Crafts Employees - Non-Sworn - W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 Unrepresented Employee Group - Department Heads ADJOURNMENT - General Employees - Mid-Management Employees - W.C. Police Management Association 2 Agenda material is available at www.westcovina.org CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY APRIL 03, 2018, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Mike Spence Mayor Pro Tern Lloyd Johnson Councilmember James Toma Councilmember Corey Warshaw Councilman Tony Wu Please turn off all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS WITH DISABILITIES ACT The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting. A GENDA MATERIAL Agenda material is available for review at the City Clerk's Office, Room 317 in City Hail, 1444 W. Garvey Avenue South, West Covina and at www.rvestcovina.org . Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, will be made available for public inspection in the City Clerk's Office, Room 317 of City Hall located at 1444 W. Garvey Avenue South, West Covina, during normal business hours. NOTICE The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community Development Commission, West Covina Public Financing Authority and the West Covina Community Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for these boards, as necessary. I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING 0F4 / 3 /p SiVAS POSTED IN ACCORDANCE WIT1 THE 01/87 BROWN ACT AMENDMENT OFF1tE (PRE utiq CLERK Tuesday April 03, 2018 PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCMC 2-48, Ordinance No. 2150) Any person wishing to address the City Council on any matter listed on the agenda or on any other matter within their jurisdiction should complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to the City Clerk. Please identify on the speaker card whether you are speaking on an agenda item or non-agenda. Requests to speak on agenda items will be heard prior to requests to speak on non-agenda items. All comments are limited to five (5) minutes per speaker. Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded. Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing. RULES OF DECORUM Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda. 2 Agenda material is available at www.westcovina.org Tuesday April 03, 2018 AGENDA CITY OF WEST CO'VINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY APRIL 03, 2018, 7:00 PM REGULAR MEETING INVOCATION Led by West Covina Police Chaplain and Christ's Church of the Valley Pastor Dane Johnson PLEDGE OF ALLEGIANCE Led by Councilmember James Toma ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Proclamation proclaiming April 2018 as DMV/National Donate Life Month Proclamation proclaiming April 8-14, 2018 as National Public Safety Telecommunicators Week Proclamation proclaiming Play Ball Summer ORAL COMMUNICATIONS - Five (5) minutes per speaker Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor. 3 Agenda material is available at www.westcovina.org Tuesday April 03, 2018 CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered to he routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) -December 5, 2017 Regular Closed Session Meeting Minutes -December 5, 2017 Regular City Council Meeting Minutes -December 19, 2017 Regular City Council/Successor Agency Meeting Minutes -December 19, 2017 Regular City Council/Community Development Commission/Successor Agency Meeting Minutes -March 20, 2018 Regular City Council/Successor Agency Closed Session Meeting Minutes -March 20, 2018 Regular City Council Meeting Minutes COMMISSION SUMMARY OF ACTIONS (receive & file) 2) January 9, 2018 Summary of Actions for the Community and Senior Services Commission Meeting It is recommended that the City Council receive and file the Summary of Actions for the Regular Community and Senior Services Commission Meeting of January 9, 2018. CLAIMS AGAINST THE CITY 3) Government Tort Claim Denial It is recommended that the City Council deny the following Government Tort Claims and the claimant be notified: • Charles Benson v. The City of West Covina ORDINANCES FOR ADOPTION 4) Ordinance to Amend Chapter 2, Article VII of the West Covina Municipal Code Relating to Purchases and Sales It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2337 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO AMEND CHAPTER 2, ARTICLE VII OF THE WEST COVINA MUNICIPAL CODE RELATING TO PURCHASES AND SALES 4 Agenda material is available at www.westcovina.org Tuesday April 03, 2018 INVESTMENT REPORT (receive & file) 5) City Investment Report for the Month Ended February 28, 2018 It is recommended that the City Council receive and file the Investment Report for the month ended February 28, 2018. 6) Successor Agency Investment Report for the Month Ended February 28, 2018 It is recommended that the Chair and Board Members of the Successor Agency to the former West Covina Redevelopment Agency, receive and file the Investment Report for the month ended February 28, 2018. COMMUNITY ECONOMIC DEVELOPMENT 7) Update on Exclusive Negotiation Agreement with Singpoli Group LLC For Development of Former BKK Landfill (APN N0's: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018) It is recommended that the City Council receive and file this informational report. COMMUNITY SERVICES DEPARTMENT 8) Renaming of West Covina Senior Center It is recommended that the City Council accept the recommendation of the Community and Senior Services Commission to rename the West Covina Senior Center to Cortez Park Community & Senior Center. POLICE DEPARTMENT 9) Appropriating Unclaimed U.S. Currency in Police Evidence for Police Vehicles It is recommended that the City Council adopt the following resolution authorizing the necessary budget amendment to appropriate $296,865.18 in unclaimed U.S. Cun-ency for Police vehicles, pursuant to California Government Code Section 50500, et seq., and effective on April 6, 2018: RESOLUTION NO. 2018-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (UNCLAIMED U.S. CURRENCY FOR POLICE VEHICLES) 5 Agenda material is available at www.westcovina.org Tuesday April 03, 2018 PUBLIC WORKS 10) Award of Contract for Drought Tolerant Landscaping Improvements in Landscape Maintenance District 7 Project No. 18024 (Phase 2) It is recommended that the City Council authorize the City Manager to execute a contract for the installation of drought tolerant landscaping and water-wise irrigation improvements (Phase 2) in Landscape Maintenance District 7 (LMD 7) with Mariposa Landscapes, Inc. in the amount not -to-exceed $45,320. 11) Construction Management and Inspection Services for Cameron Avenue Pavement Rehabilitation Project (Federal Project No. STPL-5259 (028)/City Project No. SP- 17003) It is recommended that the City Council authorize the City Manager to execute the First Amendment to the Professional Services Agreement with NV5, Inc., formerly known as Civil Source, Inc., of Irvine, California in the amount not to exceed $35,060 for construction management and inspection services for the Cameron Avenue Pavement Rehabilitation Project. 12) Adoption of Property Assessed Clean Energy (Pace) Programs Administered by California Statewide Communities Development Authority, California Municipal Finance Authority, and California Enterprise Development Authority Allowing Property Owners Within the City's Jurisdiction Access to Financing and Other Services for Energy Efficient and Seismic Strengthening Improvement Projects It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (CSCDA) OPEN PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM; AUTHORIZING THE CSCDA TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDING AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF WEST COVINA, AND AUTHORIZING RELATED ACTIONS; AND RESOLUTION NO. 2018-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY; CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE PROGRAMS; AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT 6 Agenda material is available at www.westcovina.org Tuesday April 03, 2018 CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY; AND AUTHORIZING RELATED ACTIONS; AND RESOLUTION NO. 2018-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, APPROVING ASSOCIATE MEMBERSHIP BY THE CITY IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY; AUTHORIZING AND DIRECTING THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY; AUTHORIZING THE CITY TO JOIN THE FIGTREE PACE PROGRAM; AUTHORIZING THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY TO CONDUCT CONTRACTUAL ASSESSNMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITH THE CITY OF WEST COVINA; AND AUTHORIZING RELATED ACTIONS ACTION ON CONSENT CALENDAR Motion by second by to approve all items fisted on the Consent Calendar as presented except: ROLL CALL: Tama, Warshaw, Wu, Johnson, Spence END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 13) Code Amendment No. 14-05 Entitlements Processing General Exemption - CEQA a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion 0 Recommendation: It is the Planning Commission and staffs recommendation that the City Council take the following actions: 1) Find the proposed code amendment categorically exempt from the California Environmental Quality Act; and 2) Introduce, waive further reading and give first reading to the following ordinance: 7 Agenda material is available at www.westcovina.org Tuesday April 03, 2018 ORDINANCE NO. 2338 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 14-05 TO AMEND CHAPTER 20 AND CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE RELATED TO ENTITLEMENTS AND PROCESSING Motion by second by introduce disapprove hold over ROLL CALL: Toma, Warshaw, Wu, Johnson, Spence 14) Street Vacation of South Armel Drive Between West Rowland Avenue and East Eckerman Avenue - Public Hearing a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY KNOWN AS SOUTH ARMEL DRIVE BETWEEN WEST ROWLLAND AVENUE AND EAST ECKERMAN AVENUE IN THE CITY OF WEST COVINA Motion by adopt second by disapprove hold over DEPARTMENTAL REGULAR MATTERS FIRE DEPARTMENT 15) Replacement and Amendment of West Covina Municipal Code Chapter 8 - Civil Defense and Emergencies with Chapter 8 - Emergency Organization It is recommended that the City Council read by title only, waive further reading, and introduce the following ordinance for first reading: ORDINANCE NO. 2339 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING CHAPTER 8 - CIVIL DEFENSE AND EMERGENCIES WITH CHAPTER 8 - EMERGENCY ORGANIZATION 8 Agenda material is available at www.westcovina.org Tuesday April 03, 2018 Motion by second by introduce disapprove hold over ROLL CALL: Toma, Warshaw, Wu, Johnson, Spence MAYOR/COUNCILMEMBERS REPORTS MAYOR MIKE SPENCE 16) Ballot Measure Regarding the Elimination of the Elected City Clerk and Elected City Treasurer Offices It is recommended that the City Council consider whether to pursue a proposed ballot measure or measures regarding the elimination of the elected City Clerk and elected City Treasurer offices and provide direction accordingly. Motion by second by to MAYOR PRO TEM LLOYD JOHNSON 17) Code Amendment No. 18-01 Initiation Related to the Regulation of Marijuana Cultivation It is recommended that the City Council provide direction to staff in processing a Code Amendment for the commercial cultivation of marijuana in a manufacturing zone to allow the Planning Commission to consider changes to the Licenses and Business Regulations (Chapter 14) section of the Municipal Code, as well as changes to Zoning (Chapter26). If the City Council would like to initiate a code amendment, the following resolution should be adopted: RESOLUTION NO. 2018-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 18-01 RELATED TO THE REGULATION OF MARIJUANA CULTIVATION Motion adopt by disapprove second hold over by 18) Reconsideration of Approval of October 18, 2017 Traffic Committee Minutes Relating to the Installation of Red Curb on Orange Avenue Between Eldred Avenue and Workman Avenue It is recommended that the City Council direct staff accordingly. 9 Agenda material is available at www.westeovina.org Tuesday April 03, 2018 Motion by second by to AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f- Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Community Development Commission agenda as items of business and must be approved by a majority of the City Council/Community Development Commission.) MAYOR MIKE SPENCE 19) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting SB1031 (Moorlach) It is recommended that the City Council discuss whether or not to take a formal position supporting Senate Bill (SB) 1031 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. Motion by second by to 20) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting AB 1065 (Jones-Sawyer) It is recommended that the City Council discuss whether or not to take a formal position supporting Assembly Bill (AB) 1065 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. Motion by second by to 21) Request from Mayor Spence for City Council to Discuss Tasking a Formal Position Opposing AB 1912 (Rodriguez) It is recommended that the City Council discuss whether or not to take a formal position opposing Assembly Bill (AB) 1912 and direct staff to send a letter to the authors, as well as our local legislators, if formal position is taken. Motion by second by to 10 Agenda material is available at www.westcovina.org Tuesday April 03, 2018 22) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting AB 2156 (Chen) It is recommended that the City Council discuss whether or not to take formal position supporting Assembly Bill (AB) 2156 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. Motion by second by to 23) Request from Mayor Spence for the City Council to Discuss Taking Action Regarding the California Values Act (SB 54), also known as the Sanctuary State Bill It is recommended that the City Council discuss whether or not to take action regarding the California Values Act (SB 54), also known as the Sanctuary State bill, that was approved and adopted by the State of California in October 2017. Motion by second by to COUNCILMEMBER JAMES TOMA 24) Request from Councilmember Toma for City Council to Discuss Directing Staff to Draft an Ordinance Regarding the Disclosure of Independent Expenditures It is recommended that the City Council discuss whether or not to direct staff to draft an ordinance regarding the disclosure of independent expenditures. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Special Meeting 04/05/2018 6:30 PM 11 Agenda material is available at www.westcovina.org Tuesday April 03, 2018 RULES OF DECORUM The following are excerpts from the West Covina Municipal Code: Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn. (a) Each person addressing the council shall step up to the rostrum, shall give his or her name and city of residence in an audible tone of voice for the record and unless further time is granted by the council, shall limit his or her address to five (5) minutes, (b) The city council may establish a limit on the duration of oral communications. (c) All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked of a councilmember except through the presiding officer. (d) The presiding officer may require any person to be sworn as a witness before addressing the council on any subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state. Sec. 2-50. Decorum—Required. (a) While the council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. (b) Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the orderly conduct of the meeting. For the purposes of this code, "willfully disrupt" includes, but is not limited to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of the law: a. Addressing the Mayor and City Council without first being recognized. b. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council c. Repetitiously addressing the same subject. d. Failing to relinquish the podium when directed to do so. e. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a council member or a staff member. f. As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional. Sec. 2-52. Persons authorized to be within council area. No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council. The following are excerpts from the Penal Code 148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an 12 Agenda material is available at www.westeovina.org Tuesday April 03, 2018 emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. 403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor. 13 Agenda material is available at www.westcovina.org